Act No. 438

Public Acts of 1998

Approved by the Governor

December 29, 1998

Filed with the Secretary of State

December 30, 1998

EFFECTIVE DATE: December 30, 1998

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Reps. Hanley and Alley

ENROLLED HOUSE BILL No. 6007

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 21543 (MCL 324.21543).

The People of the State of Michigan enact:

Sec. 21543. (1) Upon request, the department shall certify an individual as an underground storage tank professional if the individual meets the following requirements:

(a) The individual meets 1 or more of the following requirements:

(i) The individual is a licensed professional engineer and has 3 or more years of relevant soil corrective action experience, preferably involving petroleum underground storage tanks.

(ii) The individual is a certified professional geologist (CPG) or holds a similar approved designation such as a professional hydrologist or a certified groundwater professional, and has 3 or more years of relevant soil corrective action experience, preferably involving petroleum underground storage tanks.

(iii) The individual is able to demonstrate that he or she has 3 or more years of relevant environmental assessment and corrective action experience and 10 or more years of specific experience in relevant environmental work with increasing responsibilities. This demonstrated experience shall be documented with professional and personal references, past employment references and histories, and documentation that all requirements of the occupational safety and health act of 1970, Public Law 91-596, 84 Stat. 1590, and regulations promulgated under that act, and the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, and rules promulgated under that act have been met.

(b) For certifications after the effective date of the 1998 amendments to this section, the individual has received the training entitled "Risk-Based Corrective Action Applied at Petroleum Release Sites" from an American society for testing and materials certified trainer, or other similar training as approved by the department.

(2) An individual requesting to be granted certification under this section shall submit a copy of all of his or her credentials to the department along with a letter requesting consideration. The letter shall also include a statement that attests that the information being submitted is a true and accurate reflection of the individual's capabilities and qualifications. False or erroneous information contained in the documents submitted or representations made constitutes fraud on the part of the individual involved and may result in legal proceedings, revocation of certification, and permanent suspension from all activities funded by the fund.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.